Mark Oakley
Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.
- Criminal Law
- DUI & DWI
- Family Law
- Personal Injury
- Construction Law
- Estate Planning
- Business Law
- Free Consultation
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Credit Cards Accepted
Visa, MasterCard, Discover -
Contingent Fees
I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.
- District of Columbia
- District of Columbia Bar
- Maryland
- University of Maryland - Baltimore
- J.D. (1987) | Law
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- University of Maryland - College Park
- B.A. (1984) | English
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- District of Columbia Bar
- Member
- - Current
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- Maryland State Bar Association
- Member
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- Bar Association of Montgomery County
- Member
- - Current
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- Q. Can I break my lease due to BAD rodents and my landlord is now selling the property? I have 6 months left in my lease.
- A: You can start a rent escrow action, pay your rent into court, and he can't get the money until he fixes all the problems, and then the court decides how much of the rent he gets to have and how much you get refunded back for having to live under such conditions. here is a link to the court form to start the action: https://www.courts.state.md.us/sites/default/files/import/district/forms/civil/dccv083.pdf I recommend that you document your complaints and demands for them to be remedied in writing by email or regular mail. Also, take photos of rodents, rodent damage, rodent droppings, other unhealthy or unsanitary conditions, etc. These photos will be used as evidence to support your case. Draft a statement of dates/times, exact location(s) within the premises and frequency that you have observed rodents or evidence of rodents.
- Q. Meaning of “it is further ordered that the matter of child support be resolved upon the filing of appropriate pleading”
- A: The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of child support, then no special circumstances need be shown: the court is simply being called upon to set the appropriate amount.
- Q. Probate, Trusts and an Un-trust worthy executor
- A: You mention an executor, then a trustee. An executor only manages an estate filed in probate court. A trustee manages a trust, which is not under court supervision or management. If your uncle's assets were all in a trust, and not part of his estate in probate court, then all of your inquiries regarding trust assets must be directed to the trustee. Under MD law, a beneficiary of a trust is entitled to review the trust document, and request periodic and reasonable accountings of trust assets. Your right to receive distributions from the trust is governed by the terms of the trust. Removal of a trustee for misconduct can be achieved through court action, but it is not easy. Assets held in the name of an estate, on the other hand, are governed by law and the terms of the will, and are under court supervision. A written inventory and one or more formal accountings must be filed in the estate, and all estate filings are public record. You are entitled to review and copy any document, including the will and accountings, in the estate file, and there is an online portal where you can go to download these documents without having to travel to the courthouse. If the will directs your 25% share of estate assets to be paid into a trust, then you will need to review that language in the will. If the will simply directs you to receive 25% without mention of a trust, then your father may not hold your 25% in trust, but must pay it over to you (unless you are a minor, then other rules apply). If your uncle's assets were partly held in a trust while he was alive, and partly held in his personal name, then only the assets not held in the trust pass under his will, although if it is a "pour over" will, then usually all estate assets are simply distributed to the trust to hold and distribute in accordance with the terms of the trust.
